Moment Ashley Dale's voice notes reveal 'terrible anxiety' before death

05 October 2023 , 13:59

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Ashley Dale, 28, was shot in the abdomen in August last year (Image: Liverpool Echo)

A council worker who was "deliberately and mercilessly" shot dead at her home had recorded a series of voice notes which were played out in court today.

Ashley Dale, 28, was hit in the abdomen by a bullet fired from a machine gun at her home in Old Swan, Liverpool on August 21 last year. Opening the trial of five men accused of her murder at Liverpool Crown Court today, Paul Greaney KC said: "There can, suggests the prosecution, be no doubt that Ashley's death was murder.

"She was shot deliberately and, indeed, mercilessly by a man who entered her home intending to kill." He told the court Miss Dale had attended Glastonbury festival in June that year with her boyfriend Lee Harrison. Four of the men accused of her murder - Sean Zeisz, 28, Niall Barry, 26, Ian Fitzgibbon, 28 and James Witham, 41 - were also there.

The court was told that Witham and Peers were "dispatched" with a Skorpion sub-machine gun to kill Ashley's boyfriend, Lee Harrison, who was not at home. Harrison had allegedly become the target when previous grievances rose to the surface after the group had attended Glastonbury and an "old feud" was reignited.

Ashley's family members wiped away tears at times during the opening (Handout)

Ashley was shot "deliberately and mercilessly", the court heard (PA)

According to the Liverpool Echo, Mr Greaney said: "Ashley Dale and Lee Harrison, her boyfriend, attended the Festival, as did at least four of the defendants - Sean Zeisz, Niall Barry, Ian Fitzgibbon and James Witham. A group of other young men from Liverpool was also present, one of whom was a person called Jordan Thompson, who was known as Dusty.

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"Lee Harrison seems to have had an association with the group of which Dusty was part. Whilst at the Festival, Sean Zeisz was assaulted and his attackers included Jordan Thompson, Dusty. This attack appears to have occurred because Sean Zeisz was, as it was later expressed, arguing with everyone for Niall Barry, who was known as Branch.

"To compound the loss of face for Sean Zeisz, in the aftermath of the assault, his girlfriend - a woman called Olivia, known as 'Liv', McDowell - stayed with the group of which Jordan Thompson, Lee Harrison and Ashley Dale were part. It is clear that Sean Zeisz felt deeply humiliated from what had happened at Glastonbury."

A series of voice notes were also played to the jury, which were exchanged between Ashley and Liv McDowell on the evening of June 29. Ashley recorded herself saying: “He’s obviously just fuming isn’t he. He’s taking it out on you. What are you meant to do? You’re proper stuck in between. You tried your best to try and keep the peace. It’s all kicked off.

Ashley's' sister, mother Julie Dale and stepfather Rob Jones arriving at Liverpool Crown Court on Monday (PA)

"It’s heavy cos at the end of the day you’ve stood by him through everything. You’re proper torn and stuck in between the two. Emotions are heightened from Glasto anyway. He’s gonna be on one. You’re gonna have to give him a few days. I know your heads probably t**ted. Let him cool down for a few days.”

Mr Greaney added: "Ashley is plainly here referring to the events at Glastonbury. She makes clear that “emotions will be running high from Glasto”. She makes plain too her opinion that Sean Zeisz, Zest, would be “fuming” as a result of what had happened at Glastonbury.”

Messages were also shown to the court, including an exchange between Ashley and her friend Sophie on June 27 - a day after Glastonbury ended. Ashley wrote: "Zest got smacked saturday and again last night by all Joker and that. Dusty hit him too. I dunno if Liv got hit. She ended up legging Zest."

Mr Greaney said: "Ashley was reporting to Sophie that Zest, Sean Zeisz, had been 'smacked' and that one of those involved had been Dusty, Jordan Thompson. Furthermore, Sean Zeisz's girlfriend, Liv McDowell, had ended up leaving him and staying with her (Ashley) and Lee Harrison and Dusty. From those beginnings, things began to develop in a dreadful direction."

Ms McDowell’s reply was also played, in which she said: “What does he want me to do, leave everyone? Would he rather me walking round on my own? I’d rather split up with him…. Youse are me mates and I love youse. Why is he speaking to Saz then if Branch is his mate, but he’s arguing with everyone for Branch?

Police at the scene last year (Liverpool Echo)

"I really don’t get it. You’re going to fall out with everyone over Branch. I don’t want all of this Ash. He might not be a**ed but I am. My life is so hard. It’s just a mad one isn’t it? I don’t know whether I’ve made my mind up." Ashley, whose family members wiped away tears at times during the opening, was at the couple's home on Leinster Road with her dog on the night of the attack.

The jury was told Witham admitted manslaughter, but said he shot her by accident in the early hours of August 21 having gone to "send a message" to Mr Harrison following a dispute about drug dealing in North Wales. Mr Greaney said: "It was James Witham who forced the front door to Leinster Road, James Witham who entered the house and James Witham who proceeded to open fire on Ashley, shooting and killing her.

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"James Witham then walked upstairs and into a bedroom, where he fired five bullets into the wall. He did that, the prosecution suggests, to send a firm message to Lee Harrison. That message was that he, Lee Harrison, had been the principal target of this attack and he too should be dead, along with Ashley."

The court heard Peers allegedly drove the gunman to the address in a Hyundai. Witham, of Huyton; Fitzgibbon, of St Helens; Zeisz of Huyton; Barry of Tuebrook; and Peers of Roby - all Merseyside - deny Miss Dale's murder. All five also deny conspiracy to murder Lee Harrison and conspiracy to possess a prohibited weapon, a Skorpion sub-machine gun, and ammunition. A sixth defendant, Kallum Radford, 25, of no fixed address, denies assisting an offender.

The trial continues.

Jonathan Humphries